Legal Opinion

In Re Grydzuk

United States Bankruptcy Court, N.D. Indiana

Decided October 20, 2006No. 19-20436PublishedCited by 17 opinions

1Opinion of the Court

ORDER ON MOTION TO DETERMINE ELIGIBILITY FOR DISCHARGE [“MOTION”]

J. PHILIP KLINGEBERGER, Bankruptcy Judge.

The Motion, filed on August 2, 2006 by the Chapter 13 Trustee, came before the Court for hearing on August 28, 2006. The debtors appear by Lori Fisher; the Chapter 13 Trustee appears by counsel Julia M. Hoham.

The Trustee contends that the debtors are not eligible for a discharge in this case pursuant to 11 U.S.C. § 1328(f)(1) because they received a discharge under Chapter 7 in a case filed during the 4-year period preceding the date of the filing of this Chapter 13 case. The debtors,…

2Cases cited4 opinions

  1. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
  2. Johnson v. Home State BankSupreme Court of the United States · 1991
  3. Baltimore & OR Co. v. Chicago River & Indiana R. Co.Court of Appeals for the Seventh Circuit · 1948
  4. McDow v. Capers (In Re Capers)United States Bankruptcy Court, D. South Carolina · 2006

3Cited by17 opinions

  1. Carroll v. SandersCourt of Appeals for the Sixth Circuit · 2008
  2. DaimlerChrysler Financial Services Americas, LLC v. Miller (In Re Miller)Court of Appeals for the Fifth Circuit · 2009
  3. In Re PerfettoUnited States Bankruptcy Court, D. Rhode Island · 2007
  4. Gagne v. Fessenden (Gagne)Bankruptcy Appellate Panel of the First Circuit · 2008
  5. In Re KnightonUnited States Bankruptcy Court, M.D. Georgia · 2006

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